Does our body corporate need an annual WHS inspection if there’s no business activity on common property and no employees?
Our small complex of townhouses has no business activities on the common property, and the body corporate has no employees. We believe this means we have no obligation to have an annual Work, Health and Safety inspection.
It has been suggested that if some lot owners work from home or if lots are short-term rented through platforms like Airbnb, an inspection may be necessary. Is this correct, or does the legislation only apply to the common property?
No body corporate has a direct obligation to obtain an annual WHS inspection, but it may be best practice and, for body corporates that are a PCBU, there may be an indirect obligation.
There are no schemes which have a direct obligation to obtain an annual Work, Health and Safety inspection.
It is often best practice to do so because it can identify risks on the common property that can then be addressed and mitigated. For some schemes, which are a PCBU (usually when a letting agent is engaged), there may be an indirect obligation to obtain such a report to discharge the committee members' obligations to exercise due diligence in managing the common property.
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Todd is an experienced property lawyer who heads up Mahoneys body corporate team.
Todd specialises in body corporate law and predominantly acts for bodies corporate, body corporate managers and lot owners on all matters affecting bodies corporate.
Todd is an active member of the Strata Community Association (Qld). In 2019 he was appointed to the Strata Community Association (Qld) legislation committee and assists in making submissions on behalf of the Strata Community Association (Qld) on issues such as legislative reform in body corporate law.
As Todd is also a body corporate committee member, he understands the day to day requirements of administering a body corporate.
Todd has a focus on achieving practical and commercial results for his clients and understands the market in which bodies corporate operate within.
Todd also provides body corporate managers, and other industry stakeholders, with presentations and training on matters affecting the body corporate industry.
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